Law:

Section:

Civil service--- ----Factual controversy---Departmental proceedings---Issuance of fake licenses to pilots---Petitioners were employees of Pakistan Civil Aviation Authority, who were being proceeded departmentally on the allegations of issuing fake licenses to pilots---Validity---Discretionary jurisdiction under Art.199 of the Constitution, could not be exercised in a vacuum and had to be grounded on valid basis showing violation of specific enforceable legal or Constitutional rights---Such discretion was to be exercised in a structured and calibrated manner with due regard to parameters put in place by the Constitution as well as by the superior courts---Necessary factors were lacking and High Court in exercise of Constitutional jurisdiction vested under Art.199 of the Constitution could neither enter into factual controversy nor decide disputed questions of fact---High Court declined to interfere in the matter, as the same pertained to disputed questions of fact---Constitutional petition was dismissed, in circumstances. Muhammad Safdar Anjum and 4 others v. Pakistan International Airline Corporation through Managing Director 2016 PLC (C.S.) 1219; Muhammad Naeem Akhtar v. Managing Director Water and Sanitation Agency LDA Lahore and others 2017 SCMR 356; Tariq Maqsood v. Government of Pakistan and others 2018 PLC (C.S.) 997; Khawaja Muhammad Azeems case C.P.No.D-3739/2020; Suo Motu case No.1 of 2020; 2021 SCMR 1080; Messrs Sui Southern Gas Company Ltd. v. Zeeshan Usmani and others 2021 SCMR 609; Pakistan Airline Pilots Association and others v. Pakistan International Airline and another 2019 SCMR 278 and V.C Bacha Khan University Charsadda, Khyber Pakhtunkhwa and others v. Tanveer Ahmad and others 2021 SCMR 1995 ref. Government of Khyber Pakhtunkhwa through Secretary Forest, Peshawar and others v. Sher Aman and others 2022 SCMR 406 rel. JUDGMENT NAIMATULLAH PHULPOTO, J.----We intend to decide captioned Constitution Petitions by one consolidated judgment having similar facts and law. 2. The relevant facts out of which aforesaid Constitution Petitions arise are that in recent times, a controversy concerning the issuance of flying licenses by Civil Aviation…

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